Court Orders National Insurance to Pay Pregnancy Preservation Benefits
Translated & summarized from Bizportal by baba
An Israeli court ruled a pregnant woman with a chronic lung condition, who performed physically demanding work, is entitled to pregnancy preservation benefits. The National Insurance Institute had denied her claim twice, but a court-appointed expert supported her case, leading to the ruling.
The story in 5 lines · by baba
- Court grants pregnancy preservation benefits to a woman with chronic lung disease.
- The woman's demanding work at a coffee stand contributed to the decision.
- National Insurance Institute initially denied the claim twice.
- A court-appointed expert's opinion was crucial in the ruling.
- The dispute focused on benefits between the 14th and 23rd weeks of pregnancy.
An Israeli court has ruled that a pregnant woman who managed a coffee stand alone at the Yavne West train station and carried heavy drink crates for up to 30 meters is entitled to pregnancy preservation benefits starting September 23, 2024. The Regional Labor Court in Tel Aviv accepted her claim against the National Insurance Institute (Bituah Leumi), which had twice denied her request. The employee, born in 1988, suffers from a chronic lung condition, bronchiectasis, which has caused recurrent pneumonia and numerous hospitalizations. She worked full-time, mostly standing, until August 26, 2024.
Bituah Leumi had argued that its own doctor found no justification for pregnancy preservation, deeming her respiratory condition stable. The institute also claimed that an occupational physician's opinion was inadmissible and that she was only entitled to benefits until the 14th week of pregnancy, which was achieved through IVF. The court appointed an expert, Prof. Haim Yaffe, a specialist in gynecology and obstetrics, who determined that the nature of her work combined with her chronic lung disease could indeed cause harm to her and her fetus. He explained that pregnancy exacerbates breathing difficulties in women with such conditions, particularly around the 20th week.
Despite further inquiries from Bituah Leumi, Prof. Yaffe maintained his position. Only at the end of the proceedings did the institute concede it was willing to pay benefits from the 23rd week, November 13, 2024, citing a letter from Prof. Amir On of Sheba Hospital stating she "must stop her work at the coffee shop." The dispute narrowed to the period between the 14th and 23rd weeks. The court, along with public representatives, rejected Bituah Leumi's stance, accusing it of selectively quoting medical records. Earlier, in July 2024, her gynecologist, Dr. Moshe Pinkert, had noted her condition and the need to consider high-risk pregnancy monitoring. Prof. On documented her breathing difficulties on September 23, and she was admitted to a high-risk pregnancy clinic days later.
The court also ruled that Bituah Leumi's new claims constituted an impermissible expansion of the case, as they were not raised in its defense statement. The ruling stated it was "problematic that the defendant's admission of the plaintiff's right from the 23rd week was buried deep in the defendant's summaries." The court generally only deviates from expert recommendations in exceptional cases, and Bituah Leumi failed to provide sufficient grounds for doing so here. The employee was represented by Legal Aid, so no legal expenses were awarded. Bituah Leumi has 30 days to appeal to the National Labor Court.